This multi-faceted book combines theoretical, empirical and practical approaches to explore how family law is responding to the ever-changing social dynamics of the family. Bringing together a broad range of experts with innovative perspectives from across the globe, it highlights family law’s current challenges and presents key avenues for future research.Editors Frederik Swennen, Elise Goossens and Tine Van Hof recognise the multiplicity of family constellations in the 21st century and the subsequent need for family law to recalibrate. Chapter authors explore a variety of subjects, such as nontraditional adult relationships, the role of surrogacy, the division of shared labour between parents, and parental responsibility with respect to children’s rights in the digital age. The book offers invaluable insights into the global academic endeavour to rethink law’s families and family law. Ultimately, the book acknowledges that family law is at a crossroads between the concept of the normative family and the actuality of ‘doing family’.This book is a vital resource for academics and students in family law, gender law and private international law. Its incisive exploration of family dynamics is also of interest to legal practitioners, social policymakers and students of sociology, social policy, psychology and anthropology.
Les mer
Contents 1 A window on the paradigm shifts in contemporary family law 1 Frederik Swennen, Elise Goossens and Tine Van Hof PART I IN SEARCH OF NEW CALIBRATION POINTS 2 The place of ‘family’ in family law 21 John Eekelaar 3 Reviewing the CEFL’s attempts to harmonize European family law 33 Nigel Lowe 4 From kinship to ‘careship’: in search of a new concept in family law 50 Veerle Vanderhulst 5 Identity values in conflict between adults and minors 68 Amalia Diurni 6 The tension between competing rights in a ‘repugnant market’: reproductive self-determination, abortion and social stigma in the Italian health care system 84 Alessandra Pera 7 Surrogacy, dignity and the resulting new families: a comparative analysis 104 Giada Cascio and Nicoletta Patti PART II RECALIBRATING FAMILY LAW ON ADULTS 8 Closing the gap between family life and family law in the United States through legal recognition of nontraditional adult relationships 121 Sally F. Goldfarb 9 Adult relations of love and beyond: what legal recognition and protection do they need? 139 Nina Dethloff and Felix Leven 10 Law and friendship: principles, projections and paradoxes 156 Daniel Monk 11 Division of care for parents between children: a Belgian case study 175 Renate Barbaix and Damiaan Leire PART III RECALIBRATING FAMILY LAW ON PARENTS AND CHILDREN 12 A genderless family law for gender-fluid families? Parentage rules and the right to gender identity 193 Giulia Binato 13 How should family law recognize social parenthood? 212 Jakub Pawliczak 14 A children’s rights approach to family reunification in the context of internal displacement in Africa 232 Charissa E. Fawole 15 Children’s informational privacy and ‘digital parenting’ in the US and Italy: a cleavage in the Western legal tradition? 252 Biagio Andò and Cinzia Valente 16 Rethinking parental responsibility in light of children’s fundamental rights in the digital age 270 Margot Musson
Les mer
‘This book brings together some of the most preeminent authors from across Europe to develop an insightful analysis of one of the most important family law issues of our time – how do we conceptualise the family? It makes an extremely valuable contribution to the academic literature, providing an impressive depth and breadth of research.’
Les mer

Produktdetaljer

ISBN
9781035338405
Publisert
2024-11-08
Utgiver
Vendor
Edward Elgar Publishing Ltd
Høyde
234 mm
Bredde
156 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
296

Biographical note

Edited by Frederik Swennen, Full Professor of Family Law, Elise Goossens, Assistant Professor of Civil Law in Context and Tine Van Hof, Guest Professor and Postdoctoral Researcher, Faculty of Law, University of Antwerp, Belgium